Daily Republican., 1887-11-29
coURr PRoCkEDrNGs.
No Gases Ready and consequently Very
Itttie nusiness Transacted

When court recouveued yesterday after
noon the Chief Justice and Associate
Judges Houston and Payntsr were on the
bench. Benjamin Y Perkins, the defend.
ant in the case OF Samuel 8. Grubb, vs.
Benjamin Y. Perkins, was sworn aud tea
titled that be cou q not 20 to trial safely
at present on account Of the absence OF
material witness
J.Frauk Ball, Esq, testified that he is
acquainted with the facts OF this case and
that he did not believe Mr. Perkins could
safely go 10 trial without the missing wit
ress, George Grubb. He had at the
solicitation OF Mrs. Perkins tried 70 secure
hts attendsnee but failed. AT the time the
witness saw him in September he was liv.
/ ing near Philadelphia and promised to
come when wanted, but lie does not know
where he 10 at pre-, ent
MIR. Nlelds for the plaintiff resisted the
motion tor continuance, as he said this
suit was entered over q year and half
ago. He had notified the defcndant's Is
coun, el that the case would he tried az
thls term, and had brought the plaintiff
all the way from Wisconsin, There is
about 81 800 involved, and while he was
willing 10 let the case 20 until the latter
end of the term, to give the defendant a
chance TO procure his witness, he would
insist on i;s being tried at this term.
Mr.. spruance, for the defendant, con-
tended that IL would be VI Just TO the de-
iendaut 10 try the csee In the absence OF
this witness, and urged that II should he
allowed to go over. After hearing the
arguments OF counsel the Chief Justice
said that while the Court was not d'spos
ed to continue the case, they were willing
TO postpone It for the present 1t had
been entered in 1886, and as II had b. en-
already continued over three terms, they
declined TO continue Il any longer.
A number OF cases were called but as
the attorneys were not ready in any oi
the m the Court discharged the Jurors a.
o'clock until 10 O'Clock tn morning
and shortly after adjourned until the
same time.
The Gaze OF Edward Lawler. VS. the p
W & b. Railroad Company was set fol
trial next Tuesday. The plaintiff Is q
minor, and the suit Is brought by hi,
father, as his next friend, TO rec .vel
damages for the loss of his foot, by at
accident on the p, w. & b. Railroad
near the gas works, on Saturday January
9th, 1886. The plaintiff was employed
. as n fireman on one OF the engines and
his foot injured so badly that Dr Kane
the company's physician, was Obliged u
ampGtAte part OF the heel. The wound
, did not he i and months afterwards he
was bliged TO submit TO another opera
tion. which deprived him OF his foot, and
made him a cripple for life
= The defendant company asked for {
special jury, and Prothonotary Maxwell
/ drew the fol owing:
Wilm ngton hundred George 8. Ca
, lpslle, J Augustus McCaulley. j. Elridg'
! piprrs i pHrke postlea ,JneeDh l. Car
peoter, Jr., John \ Cranston, William
: NJ. Cauby. Chrlstiaua-Amos Sharp ess
Charles VI Groome. White Clay Creek
George G. Kerr. Pencader-Andrew 8
: ElliaGCn, William Coocb. New Castle
Hiram K. Borie, George w. Eckles, JasoI
Dayi, ,tiamuci Silver. Red Lion-Charie
! Corbit, joseph X Pennington, james Gar
r lnau. st. Georges NJ. Reynolds
Fl. Zadoc A. Poole, James Garman, Henr
D CieEver. Appoquinimink-George III d
Hart.